Z1 App Terms of Use

Contractual Terms of Use of the Z1 App mobile application.

If you access any content or data on the Z1 App, you agree to be bound by these terms. These terms of use and our Privacy Policy form the basis on which you may access our application, including any APIs and widgets.

We reserve the right to change any or all of our terms of use or other conditions for using our application at any time by publishing the new terms or conditions. Your use of our application constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our application your sole option is to immediately cease your use of our application.

Information on our application and in any Z1 App publication should not be regarded as a substitute for professional legal, financial or real estate advice.

Z1 App is responsible for maintaining our publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our application, and any Third Party Content) and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our application or publications.

Restrictions on use of applications

In accessing or using our application you agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, or scrape any content on our application;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our application;

(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;

(d) use or index any content or data on our application for purposes of:

(i) constructing or populating a searchable database of properties,

(ii) building a database of property information; or

(iii) competing with us in any manner that we have not specifically authorised;

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

(f) use our application or any content in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;

(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person; (i) act in violation of any Term of Use or other condition posed by us or any applicable law;

(i) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our application or any content on our application, except as expressly authorised by us; or

(j) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our application, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our application and publications is copyright. Apart from fair dealing permitted by Cambodia Law, Z1 App grants customers  the application permission to download copyright material only for private and non-commercial purposes. For reproduction or use of Z1 App copyright material beyond such use, written permission must be obtained directly from Z1 App or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Third party links and advertising

Our application often includes advertisements, hyperlinks and pointers to applications operated by third parties. Links to third party mobile applications and websites include, without limitation, links to our application of some of our real estate agency customers. Those third party mobile applications and websites do not form part of our application and are not under the control of or the responsibility of Z1 App. When you link to those websites you leave our application and do so entirely at your own risk. Z1 App and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and Z1 App and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by Z1 App.

Contributions

In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that Z1 App has permitted you to host, share, publish, post, store or upload on our application as permitted under these terms. Z1 App may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, Z1 App may remove or disable access to any or all your Contributions if it considers that:

(a) those Contributions are in breach of any law or regulation; 

(b) those Contributions infringe the intellectual property rights of any third party; 

(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice; 

(d) those Contributions are:

(i) misleading or deceptive; 

(ii) inappropriate having regard to the purpose of our application; 

(iii) likely to cause offence; 

(iv) materially incorrect; 

(v) obscene; 

(vi) defamatory; 

(vii) otherwise unlawful; or 

(viii) corrupted, due to the presence of a virus or other disabling code.

You retain all of your ownership rights in your Contributions. Z1 App is under no obligation to treat your Contributions as proprietary information. To the extent that any Contributions are proprietary in nature, you grant Z1 App a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our application a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by Z1 App and these terms.

You grant:

(i) Z1 App, in respect of Contributions to its application the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:

(a) you own and control all of the rights to the Contributions; or 

(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Z1 App to display the Contributions. 

For any Contributions that you may retain moral rights in, you declare that:

(c) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;

You understand that when accessing our application, you may be exposed to the Contributions of other users of our application. You acknowledge and agree that Z1 App does have control of and is not responsible for these other Contributions. You release Z1 App from any claims that you could assert against Z1 App relating to or in connection with these other Contributions.

You represent and warrant that:

(a) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Z1 App to display your Contributions; and 

(b) you will not make any Contributions that:

(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you; (ii) are misleading or deceptive; (iii) are materially incorrect; (iv) are likely to cause offence; (v) directly or indirectly involve the advertising or marketing of any products or services; (vi) are obscene, including pornographic, hateful, racially or ethnically offensive material; (vii) are defamatory; (viii) are otherwise unlawful or encourage unlawful conduct; or (ix) are otherwise inappropriate having regard to the purpose of our application.

Third Party Content

Our application contains content provided to Z1 App by other parties (Third Party Content). Z1 App does not have a practice of monitoring or making inquiries about Third Party Content. Z1 App is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of Z1 App. You rely on Third Party Content completely at your own risk.

Editorial content

Any editorial content or articles on our application are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.

Further warranties

You represent and warrant that:

(a) your use of our application will comply at all times with these terms and any directions we make to you in relation to your use of our application from time to time; (b) you will make sure that you keep your username and password by which you access Z1 App confidential and secure at all times; and (c) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Z1 App.

Indemnity

You agree to indemnify and hold Z1 App and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our application or making Contributions not in accordance with these terms.

Policy for linking to our application

You may only link to content on our application if we consent. If we do allow you to link to our application, it is on condition that you do not:

(a) attribute a link to Z1 App content as being a link to your own or someone else’s content (for example, use your own logo to link to our content);

(b) attribute a link to our application and then link somewhere else;

(c) frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or

(d) link to our content as part of an application that aggregates property listings and/or information or competes with us in any manner.

We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

Limitation of liability

Certain rights and remedies may be available under Cambodian Law and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

In no event shall Z1App be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profile, loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated saving or benefits suffered or incurred by or awarded against you under or in any way connected with this agreement or the application.

Jurisdiction

Your use of our application, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Cambodia, and by using our application you irrevocably and unconditionally submit to the jurisdiction of its courts.